RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04845

XXXXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING: NO

APPLICANT’S REQUEST

He be eligible to receive his Continuation Pay (CP) under the Blended Retirement System (BRS).

APPLICANT’S CONTENTIONS

He was notified of his eligibility for Continuation Pay 90 days prior to the 12-year anniversary due date of 23 March 2019 and at that time he was in the process of relocating his family and preparing for deployment.  To ensure that he made the right decision he sought guidance on the requirements and service commitment with accepting Continuation Pay; however, his on-base support services and the “Defense Headquarter Military Pay” office, told him that information for the 2019 program had not yet been released.  Eventually he was contacted by the Air Force Personnel Center, who answered his questions and on 30 April 2019, his commander signed his statement of understanding.  He then submitted the form, but it was rejected because it was accomplished after his 12-year anniversary date.  

In support of his appeal, the applicant provides a copy of the statement of understanding and a myPers discussion thread regarding his Continuation Pay request.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is an active duty Air Force captain (O-3).  

The Military Personnel Data System shows that the applicant’s actual “Pay Date” (also referred to as the Pay Entry Base Date [PEBD]) is 23 March 2007.  Since he had less than 12 years of service as of 31 December 2017, he was eligible to opt-in to the Blended Retirement System.  Furthermore, under the Blended Retirement System, the applicant was eligible for Continuation Pay, provided his election was made prior to the 12th anniversary of his “Pay Date” (23 March 2019).   
   
According to a Continuation Pay Statement of Understanding and Election, provided by the applicant, he requested Continuation Pay and signed the form on 30 April 2019 and on 21 May 2019, the form was signed and marked approved by his commander. 
	
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit D.

APPLICABLE AUTHORITY:

Sections 631 through 635 of Public Law 114-92, the National Defense Authorization Act for Fiscal Year 2016, amended in Public Law 114-80, National Defense Authorization Act for Fiscal Year 2017.

On 27 January 2017, the Deputy Secretary of Defense implemented guidance for the newly created retirement system for the Uniformed Services, which was enacted in the 2016 National Defense Authorization Act for Fiscal Year 2016.  This system, called the Blended Retirement System combines the traditional legacy retirement pension, also known as a defined benefit, with a defined contribution benefit into a Thrift Savings Plan.  The Blended Retirement System went into effect on 1 January 2018.  

Active component Service members with fewer than 12 years of service as of 31 December 2017, calculated from their Pay Entry Base Date [PEBD] (for the Air Force it is referred to as the “Pay Date”), and members of the National Guard or Reserve who have accrued fewer than 4,320 points as of 31 December 2017, are also grandfathered under the current retirement system but may choose to opt-in to the Blended Retirement System.  

In addition, members of the Uniformed Services who are covered by the Blended Retirement System are eligible to receive a one-time, mid-career bonus payment in exchange for an agreement to perform additional obligated service.  Service members eligible to receive continuation pay must have completed not less than 8 and not more than 12 years of service, as computed from the members Pay Entry Base Date (otherwise referred to in the Air Force as the “Pay Date”). 

For more information, see Exhibit C.

AIR FORCE EVALUATION

AFPC/DPSIM, recommends denying the application.  There is no evidence to determine the applicant did not have enough information to apply for Blended Retirement System (BRS) Continuation Pay (CP).   The applicant was properly notified of Continuation Pay eligibility and had sufficient time to process his statement of understanding. 

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 11 December 2019 for comment (Exhibit E), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DPSIM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-04845 in Executive Session on 25 Feb 20:

	, Panel Chair 
	, Panel Member
	, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 October 2019.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Blended Retirement System Guidance.
Exhibit D:	Advisory opinion, AFPC/DPSIM, dated 10 December 2019.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 11 December 2019.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.